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WILLS ACT 1936
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
3. Interpretation and application of Act
PART 2--The making, alteration, revocation, revival etc of wills
Division 1--Property which may be disposed of by will
4. All property may be disposed of by will
Division 2--Testamentary capacity
5. Will of minor
6. Will of minor pursuant to leave of Court
7. Will of person lacking testamentary capacity pursuant to permission of court
Division 3--Execution and attestation of wills
7A. Interpretation
8. Requirements as to writing and execution of will
10. Exercise of power of appointment by will
11. Will of person on active service
12. Validity of will
13. Wills made out of the State to be admitted if made according to the law of the place where made etc
14. Wills made in the State to be admitted if made according to local usage
16. Will not void by incompetency of witness
17. Gifts to an attesting witness
18. Creditor attesting to be admitted a witness
19. Executor to be admitted a witness
Division 4--Revocation of wills
19A. Interpretation
20. Will to be revoked by certain events
20A. Effect on will of ending of a marriage or registered relationship
21. No will to be revoked by presumption
22. In what cases wills may be revoked
23. Change of domicile not to invalidate will
Division 5--Alterations in wills
24. No alteration in a will has any effect unless executed as a will
Division 6--Revival of wills
25. How revoked will is to be revived
Division 7--Rectification of wills
25AA. Power of rectification
PART 3--Validity of wills made outside the State
25A. Interpretation and application
25B. General rule as to formal validity
25C. Additional rules
25D. Validity of statutory wills made outside the State
25E. Part does not limit operation of international will provisions
PART 3A--International wills
25F. Interpretation
25G. Application of Convention
25H. Persons authorised to act in connection with international wills
25I. Witnesses to international wills
25J. Application of Act to international wills
PART 4--Construction of wills
26. When a devise not to be rendered inoperative etc
27. A will to speak from the death of the testator
28. What a residuary devise includes
29. What estates a general devise includes
30. What property subject to a power of appointment a general gift includes
31. How a devise without words of limitation is to be construed
32. How the words "die without issue" or "die without leaving issue are to be construed
33. No devise to trustees or executors etc operates to pass a chattel interest
34. Trustees under an unlimited devise etc to take the fee
35. Devises of estates tail do not lapse
36. Gifts to children or other issue who leave issue living at the testator's death do not lapse
37. Validity of certain wills
38. References to valuations made or accepted for succession duty purposes etc to be construed, where appropriate, as references to valuations made by competent valuers
SCHEDULE 1--Annex to Convention providing a Uniform Law on the Form of an International Will 1973
Legislative history
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